Terms of Service.

These Terms of Service (“Terms”) govern your access to and use of services provided by Opervex (“Opervex,” “we,” “us,” or “our”), including our marketing website, platform, software, and any related work product (collectively, the “Services”). By using the Services, you agree to these Terms.

1. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into a contract to use the Services. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. Notify us immediately at team@opervex.ai if you suspect unauthorized use.

2. Services and deliverables

Opervex provides AI automation, custom software, integrations, and related advisory services. The specific scope, deliverables, timelines, and fees for any engagement will be described in a separate written proposal, statement of work, or order form (each, an “Order”). The Order and these Terms together form the agreement between us.

3. Fees and payment

• Fees are billed as set out in your Order — typically setup fees up front and recurring fees monthly or annually.
• Unless stated otherwise, fees are due on receipt of invoice. Late balances may accrue interest at 1.5% per month (or the maximum allowed by law) and may result in suspension of the Services.
• You authorize us to charge any payment method you provide for amounts you owe under an active Order.
• Fees are non-refundable except as expressly stated in your Order or as required by law.

4. Acceptable use

You agree not to use the Services to:

• Violate any law, regulation, or third-party right.
• Send spam, unsolicited commercial messages, or content that violates telecommunications regulations (including TCPA, CAN-SPAM, A2P 10DLC, or equivalent).
• Transmit malicious code, attempt to gain unauthorized access, or interfere with the operation of the Services.
• Engage in harassment, fraud, deception, infringement, or any abusive conduct.
• Use AI agents in a way that misrepresents them as human in regulated contexts where disclosure is required.

We may suspend or terminate accounts that violate these terms, with or without notice.

5. SMS / text messaging

Opervex operates an A2P 10DLC SMS program. By providing your mobile number and checking the SMS consent box on our contact form, you give express written consent to receive recurring text messages from Opervex at that number. Consent to receive SMS messages is not a condition of purchasing any product or service.

Program description and use cases

Messages you may receive include appointment and discovery-call reminders, project and account updates, customer service responses, and related conversational messages. Message frequency varies based on your activity.

Opting out and help

You can cancel the SMS service at any time by texting STOP to the number from which you received messages. After you send STOP, we will send a one-time confirmation reply and you will no longer receive SMS messages from us. For help, reply HELP or email team@opervex.ai.

Message and data rates

Message and data rates may apply for any messages sent to you from us and to us from you. Rates depend on your mobile carrier and plan. Contact your wireless provider for details about your plan.

Carrier liability

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the effective transmission of your mobile carrier and is not guaranteed.

How we handle the information collected through our SMS program — including the fact that mobile opt-in data and consent are never shared with third parties for marketing — is described in our Privacy Policy.

6. Intellectual property

Our IP

Opervex and its licensors own all rights, title, and interest in the Services, including software, designs, templates, snapshots, prompts, documentation, and trademarks. These Terms do not grant you any rights to our IP other than the limited license to use the Services as described here.

Your content

You retain ownership of content, data, and materials you provide (“Your Content”). You grant Opervex a limited, worldwide, royalty-free license to host, process, transmit, and display Your Content as necessary to provide the Services.

Custom builds

For custom software and integrations developed under an Order, ownership of the resulting deliverables transfers to you upon full payment, subject to our retained rights in pre-existing tools, frameworks, and reusable components.

7. Third-party services

The Services integrate with or rely on third-party platforms (e.g., payment processors, AI model providers, hosting infrastructure, CRM platforms, messaging carriers). Your use of those services is also subject to their respective terms. Opervex is not responsible for third-party outages, policy changes, or fees.

8. Confidentiality

Each party agrees to protect the other’s non-public business and technical information using reasonable measures and to use such information only for the purpose of fulfilling these Terms or an Order. This obligation survives termination of the engagement.

9. Disclaimers

Except as expressly stated, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. AI-generated outputs may contain errors; you are responsible for reviewing them before relying on them, especially in regulated, financial, medical, or legal contexts.

10. Limitation of liability

To the maximum extent permitted by law, Opervex’s total aggregate liability arising out of or related to the Services will not exceed the amount you paid us in the 12 months preceding the claim. In no event will Opervex be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, even if advised of the possibility.

11. Indemnification

You agree to indemnify and hold Opervex harmless from claims arising out of your violation of these Terms, your misuse of the Services, or your infringement of any third-party right.

12. Termination

Either party may terminate an Order for material breach if the breach is not cured within 30 days of written notice. Upon termination, you must pay all amounts owed through the termination date, and we will provide reasonable assistance to export Your Content for an additional fee where applicable.

13. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be brought exclusively in the state or federal courts located in Hillsborough County, Florida.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-product notice and become effective 30 days after notice. Your continued use of the Services after that constitutes acceptance.

15. Contact

Opervex
12924 Sorrento Way, Bradenton, FL
team@opervex.ai